C89

Prospective affecting provision: section inserted by Residential Tenancies (Amendment) Act 2015 (42/2015), s. 64, not commenced as of date of revision.

F295[148H. (1) Where the party who did not make the application under section 148E, and to whom a notification under section 148F was made, provides the Board with a statement of disagreement, the Board shall—

(a) acknowledge receipt of the statement of disagreement on notice to the party who made the application under section 148E, and

(b) notify both parties that—

(i) as, pursuant to the statement of disagreement by the party who did not make the application under section 148E, there is no agreement between the parties in respect of the return by the Board of the deposit referred to in section 12(1)(d), and

(ii) as the Board is required under paragraph (b) of section 148B to return all or part of the deposit referred to in section 12(1)(d) to one or both of the parties in accordance with that section,

it is a matter for the parties to agree the manner of the return of the deposit or, where there is no agreement in respect of the return of the deposit, for one party or both parties to refer the dispute on such return to the Board for resolution under Part 6.

(2) A statement of disagreement shall be in writing and be made in the prescribed form.

(3) The notification under subsection (1)(b) shall be in the prescribed form.

(4) Following the notification under subsection (1)(b) —

(a) where the parties subsequently agree on the amount of the deposit to be returned to one or both of them, the parties may make a joint agreed application under section 148C in respect of that deposit, or

(b) either of the parties may, subsequent to that notification, make an application under section 148E (in this section referred to as a "revised application") and nothing in this Act shall be construed as preventing the party who did not make the revised application from providing a statement of agreement in respect of that revised application.

(5) Where the parties make a joint agreed application pursuant to subsection (4)(a), the parties shall notify the Board that the joint agreed application replaces the first application made under section 148E.]